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BRUCE KILGORE'S CLEMENCY PETITION |
Bruce
Kilgore is an African-American whose death penalty case
has
fallen through the cracks. He will die by lethal injection on an
upcoming Wednesday morning at the Potosi Correctional Center
in
Mineral Point, Missouri, if Governor Mel Carnahan or the courts
fail
to intervene.
Bruce
and his co-defendant Willie Luckett were convicted in
separate
trials of the murder of a St. Louis woman. Only Bruce
received
the death penalty. Although there is a credible claim
that
it's the co-defendant who actually stabbed the victim, only
Bruce
received the death sentence.
During
the opening statements of Bruce's trial, the prosecutor
did
notstate it was Bruce who stabbed the victim. In fact, the
guilt
phase jury instructions identified Willie as the person
who
stabbed the victim. During the penalty phase, the State's
theory
changed when Willie's girlfriend shocked everyone in
the
courtroom and declared for her first time that Bruce admitted
stabbing
the victim. Previously, Willie's girlfriend had given
statements
to the police and other authorities, but it was only
when
she testified before Bruce's jury that she stated Bruce told
her
he had killed the victim. Just prior to her testimony, Willie's
girlfriend
received probation for her role in the victim's death
(hindering
prosecution), and her testimony benefitted Willie by
shifting
responsibility to Bruce.
Bruce has steadfastly maintained that he did not stab the victim.
In
fact, only Willie had motive to kill the victim. Bruce did not know
the
victim. However, the day before the murder, Willie's employers
fired
him because the victim reported that Willie was stealing food
from
the restaurant they worked together.
Bruce
has been denied the right to challenge the effectiveness of
his
trial counsel due to the technicality that he did not timely file
a
pro se verified motion. No court has heard merits claims
concerning
his trial counsel's performance.
Bruce's
execution would result in yet another "procedurally correct"
but
morally infirm execution of a man who asserts a credible claim
of
actual innocence of being the principal in a case where the more
culpable
defendant received life imprisonment. In comparison to
Willie's
life sentence, Bruce's condemnation is unjustly
disproportionate.
Bruce deserves clemency and a commutation
of
his sentence to life in prison without the possibility of probation
or
parole.
PLEASE HELP
WHAT
YOU CAN DO:
Ask
Gov. Mel Carnahan to commute the sentence,
573/751-3222,
fax
573/751-1495;
State Capitol, Box 720, Jefferson City, MO 65101.
In
Kansas City: 889-3186;
St.
Louis: 340-6900
Prepared by John Tucci, Assistant Public Defender, St. Louis, MO
For further information contact:
Missourians to Abolish the Death Penalty
PO Box 54
Jefferson City, MO 65102
573-635-7239
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Click below to read...
BRUCE KILGORE'S CLEMENCY PETITION |
